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2003 SESSION

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HB 1999 Sexual crimes.

Introduced by: Robert B. Bell | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Sexual crimes. Eliminates in the rape, forcible sodomy and object sexual penetration statutes the different standard that defines the offense if the victim and perpetrator are married to each other. This includes removing from the forcible sodomy and object sexual penetration statutes the provision that such crimes cannot be committed against a spouse unless the spouses were living separate and apart or there was bodily injury caused by force or violence, as the 2002 General Assembly did in the rape statute (often called the marital rape exemption). Because of the equalization of the elements of the offense in the rape, forcible sodomy and object sexual penetration the marital sexual assault statute is repealed. The provisions for deferred disposition are eliminated but the sentence may be suspended in whole or in part if there is a bench trial, all parties agree and the defendant participates in counseling.


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